Book contents
- Human Rights Norms in ‘Other’ International Courts
- Studies on International Courts and Tribunals
- Human Rights Norms in ‘Other’ International Courts
- Copyright page
- Contents
- Contributors
- General Editors’ Preface
- Acknowledgements
- Table of Cases
- Abbreviations
- 1 How and Why to Assess the Relevance of Human Rights Norms in ‘Other’ International Courts
- 2 The Interpretation and Development of International Human Rights Law by the International Court of Justice
- 3 The International Court of Justice as an Integrator, Developer and Globaliser of International Human Rights Law
- 4 The Systemic Effect of International Human Rights Law on International Criminal Law
- 5 The Emerging Right to Justice in International Criminal Law: A Case Study of Colombia
- 6 Human Rights at the Reparations System of the International Criminal Court
- 7 International Human Rights Law and Dispute Settlement in the World Trade Organization
- 8 Invoking Human Rights
- 9 Human Rights Norms in the Court of Justice of the European Union
- 10 The Uneven Impact of International Human Rights Law in Africa’s Subregional Courts
- 11 Human Rights, Constitutional Justice and International Economic Adjudication: Legal Methodology Problems
- 12 The International Tribunal for the Law of the Sea and Human Rights
- 13 Forum Shopping and Human Rights: Staring at the Empty Shelves
- 14 Taking Stock: Relevance of Human Rights Norms in ‘Other’ International Courts
- Subject Index
12 - The International Tribunal for the Law of the Sea and Human Rights
Published online by Cambridge University Press: 22 July 2019
- Human Rights Norms in ‘Other’ International Courts
- Studies on International Courts and Tribunals
- Human Rights Norms in ‘Other’ International Courts
- Copyright page
- Contents
- Contributors
- General Editors’ Preface
- Acknowledgements
- Table of Cases
- Abbreviations
- 1 How and Why to Assess the Relevance of Human Rights Norms in ‘Other’ International Courts
- 2 The Interpretation and Development of International Human Rights Law by the International Court of Justice
- 3 The International Court of Justice as an Integrator, Developer and Globaliser of International Human Rights Law
- 4 The Systemic Effect of International Human Rights Law on International Criminal Law
- 5 The Emerging Right to Justice in International Criminal Law: A Case Study of Colombia
- 6 Human Rights at the Reparations System of the International Criminal Court
- 7 International Human Rights Law and Dispute Settlement in the World Trade Organization
- 8 Invoking Human Rights
- 9 Human Rights Norms in the Court of Justice of the European Union
- 10 The Uneven Impact of International Human Rights Law in Africa’s Subregional Courts
- 11 Human Rights, Constitutional Justice and International Economic Adjudication: Legal Methodology Problems
- 12 The International Tribunal for the Law of the Sea and Human Rights
- 13 Forum Shopping and Human Rights: Staring at the Empty Shelves
- 14 Taking Stock: Relevance of Human Rights Norms in ‘Other’ International Courts
- Subject Index
Summary
Discussion on human rights before the International Tribunal for the Law of the Sea (ITLOS or Tribunal) often refers to its ‘considerations of humanity’ dictum. Yet this is just one way the Tribunal takes into account the interests and rights of individuals affected by law of the sea disputes. This chapter uncovers multiple modes of engagement of ITLOS with human rights – some subtle, some bold – across three types of procedure: prompt release, provisional measures and merits cases. It illustrates how ITLOS has achieved a ‘humanisation’ of the obligation of prompt release through its context- and purpose-based interpretation; likewise, parties increasingly invoke, and ITLOS tacitly relies upon, human rights as a basis for provisional measures. While the Tribunal’s reliance on individual rights in merits decisions remains limited to date, it may consider human rights on the basis of ‘reference provisions’ within UNCLOS, the ‘considerations of humanity’ dictum and the prohibition on abuse of rights. The analysis reveals that ITLOS has paved the way for human rights to be taken into account in law of the sea disputes and that UNCLOS provides a legal framework for it.
Keywords
- Type
- Chapter
- Information
- Human Rights Norms in ‘Other' International Courts , pp. 353 - 411Publisher: Cambridge University PressPrint publication year: 2019